OBLIGATION AND CONTRACT

1. Max, a bar guard, killed a gate crasher. Accused in court, he defended himself through the services of a lawyer. Eventually, he was acquitted and sought to recover attorney's fees from the bar owner. The court held that an employer is ordinarily not required to furnish legal assistance to his employees because no law imposes this obligation. Which of the following is the best basis for this ruling?*

A. The Labor Code

B. Department of Labor implementing rules and regulations

C. Obligations derived from law are not presumed.

D. None of the above.

2. Moks obliged himself to deliver 20 sacks of Jasmine rice to Chong. On due date, Moks delivered 20 sacks of rice of a lower class to Chong. When Chong discovered the fraud, he threatened to sue Moks for damages. Moks pleaded with Chong saying that he cannot afford an attorney because he is raising his nine children and two of his orphaned nephews. If he loses and gets sent to jail, no one would care for the poor children, he said. He instead promised to replace the rice he delivered with the agreed-upon Jasmine rice. Moved by Moks' plea and promise, Chong waived his right to hold Moks for damages for the fraud that the latter had committed. Is the waiver made by Chong valid?

A. Yes.

B. No.

3. Sean, a minor, misrepresenting himself to be of age, sold a parcel of land to Bea, who is of legal age. May Sean successfully demand annulment of the contract on the ground that he is incapacitated to give consent because of minority?*

A. Yes

B. No

4. "I will give you P20,000 if you go to Baguio."*

A. This is potestative on the part of the debtor.

B. This is potestative on the part of the creditor.

5. Robyn sold a government property to Johnny, who is in good faith. Which of the following is an effect of this contract.*

A. The guilty party will be prosecuted.

B. The property that was sold as the instrument of the crime will be confiscated in favor of the government.

C. The innocent party can claim what he has given.

D. All of the above.